A Bruce County woman is suing the Cambridge Hotel and Conference Centre for over $1 million for injuries suffered after she fell while using the shower in the room where she was staying.
In a statement of claim filed in the Ontario Superior Court of Justice in March, Kimberli Arnold and Mervin Arnold, both of Ripley, Ont., say they were staying at the Hespeler Road hotel to attend their neice's wedding last June.
On the morning of June 18, 2022, Kim used the shower for the first time and "attempted to exit the shower/tub by lifting one leg over the high wall of the tub."
She "attempted to brace herself on the wall of the shower as no grab bars were present," but "slipped on the smooth, wet, bottom of the bathtub, causing her to fall violently to the floor, striking her right elbow," reads the statement of claim.
Kim was transported to Cambridge Memorial Hospital by ambulance where she was treated.
The claim says Kim sustained "permanent and serious impairment of important bodily functions, including but not limited to multiple fractures to the right humerus and nerve damage."
It goes on to claim pain and suffering, including but not limited to anxiety, depression, psychological trauma, and/or general emotional upset, a loss of enjoyment of life and loss of amenities.
"She is unable to participate in those recreational, social, household, athletic and educational activities to the extent to which she participated in such activities prior to the fall."
Since the fall, Kim has been required to undergo numerous rehabilitative treatments and will continue to receive medication, reads the claim.
The couple is together claiming out-of-pocket expenses for her treatment and future expenses for her husband's care and aids to daily living.
She is asking for general damages in the amount of $200,000 and special damages in the amount of $750,000.
Mervin Arnold, her husband, is claiming $100,000 in losses as the result of his wife's injury.
"Merv has suffered a loss of guidance, care and companionship of his spouse, Kim, and has performed nursing services, housekeeping, cooking and cleaning, and driving services on behalf of Kim, who cannot continue to function in that capacity due to her injuries."
He has lost income as a result of being absent from work in order to provide services to Kim, reads the claim.
In its statement of defence, Cambridge Hotel and Conference Centre Ltd. "denies each and every allegation in the Statement of Claim and puts the Plaintiffs to the strict proof thereof."
The hotel states that "at all material times it fulfilled the duties of a hotel proprietor in a diligent, proper and careful manner" and that the "premises was in a reasonable, fit and proper condition, and safe for use by anyone exercising reasonable care for their own safety."
The defence states "the injuries and damages alleged are excessive and too remote to be compensable at law" and says the injuries Kim Arnold suffered were due to her own negligence.
The hotel claims "she caused water to fall on the bathroom tub and floor through her own negligent showering."
It says she also ignored the condition of the bathtub and floor when exiting, failing to proceed with due care, attention and with reasonable consideration for her own safety.
The defence claims "she showered while under the influence of alcohol, prescription medication or recreational drugs and her ability to get out of the bathtub safely was impaired."
"Other allegations of negligence" will be identified prior to trial, reads the statement of defence.
The hotel is asking for a trial by jury and for the action to be dismissed with costs on a substantial indemnity basis.
The plaintiffs are asking for the trial to be held in Goderich. No date has been set.
